By Wasita Royal
The National Court Judge, Justice George Manuhu outlined in details and pronounced Dr Allan Marat as the duly declared member for Rabaul Open.
The declaration was made at 2:14pm at the Kokopo National Court yesterday.
IN THE MATTER OF A DISPUTED RETURN FOR THE RABAUL OPEN ELECTORATE BETWEEN DR ALLAN MARAT (Petitioner) and GRAHAM PINIAU RUMET (First Respondent) with the ELECTORAL COMMISSION (Second Respondent) upon:
i) 21 formal votes which was rendered informal in a recount;
ii) Threats and intimidation;
iii) Winning margin by 3 votes
iv) Request for a recount for an appropriate relief
Justice Manuhu has found that Dr Allan Marat’s 21 formal votes were unlawfully rendered informal.
He said, there is no evidence that the other 9 votes were initially formal votes.
However, having found that the recount made during the counting for last year at Malaguna Technical High School in the Rabaul District was unlawful; He found that the other 9 votes were formal votes that were also rendered informal unlawfully.
These 30 votes were not counted as formal votes for the candidates concerned. With all the facts and figures available, Justice Manuhu’s view was that the Court is at liberty to remove the stigma in the counting for the Rabaul Open Seat. He added that threats and intimidation should not be condoned and results that were procured through threats and intimidation should be reversed. What was done in the unlawful recount should be undone, meaning the 30 votes should be returned as formal votes to the affected candidates.
Justice Manuhu stipulated that, this is not rocket science but common sense and simple logic for real justice. He outlined that Candidates Francis Tavatuna, Simon Roco Kaumi Jr and David Graham were not affected by the unlawful recount.
In relation to the affected candidates, Ekonia Tukau’s final tally of 61 would have increase by 1 to 62 votes and he would still be the first person to be eliminated as Taupa Puipui’s final tally of 1,203 would increase by 1 to 1,204 votes and Taupa Puipui will still be the 5th person to be eliminated. As for Wayne Coleman Tamsak; his final tally of 1,515 would have increased by 1 to 1,516 votes and would still be the 6th candidate to be eliminated. Raymond Paulias’ final tally was 3,447 and would have increased by 5 to 3,452 votes; as yet he would still be eliminated as he was behind the first respondent by more than 400 votes.
With seven candidates gone, the first respondent’s final tally of 5,192 would be increased by 1 to 5,193 votes. The petitioner’s final tally was 5,189 which would have increased by 21 to 5,210 votes.
This has brought Justice Manuhu at 2:14pm to pronounce to the people of Rabaul Open Electorate, that the petitioner Dr Allan Marat is the winner in the 2022 General Elections by 5,210 votes. The first respondent Mr Rumet Gram Piniau was the first runner-up with 5,193 votes.
